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Also, if LEOs are required to obtain a court order to read these from the network provider's archives and logs, why should that not also be true for your phone?
by imajes 16y ago
Also, if LEOs are required to obtain a court order to read these from the network provider's archives and logs, why should that not also be true for your phone?
- deleted 16y ago[deleted]
- imajes 16y agoRight. I understand the legality of it, however I was more referring to the moral case. Since a court order has to be argued for, it should also hold true that a search of an electronic data store would also require more than just plain-sight standards, especially given a scrap of paper in my pocket feels to me not 'plain sight' equivalent to a text message on a phone, or an email on my computer. I think this is just one more instance of our collective false understanding in the legal system as to how data, electronics and the like truly work - and we're going to have to wait it out longer before this stuff is all better represented.
- fleitz 16y agoBecause most people don't have their network provider with them upon arrest. For instance if when arrested you had 1kg of contraband on you it would be admissible, for instance if when arrested you had 1kg of contraband at your network provider's NOC then they'd need a warrant to search it.